This chapter, or any part thereof, including the Land Use District
Map indicating the various district boundaries, may from time to time
be amended, supplemented, changed, modified or repealed by the Town
Board in the manner provided by §§ 264 and 265 of the
Town Law.
An amendment to this chapter may be initiated in one of three
ways:
A.
By the Town Board upon its own motion.
B.
By resolution of the Planning Board, filed with the Town Clerk, wherein
certain changes to or repeal of certain provisions of this chapter
are recommended, in which case it shall be the responsibility of the
Town Board to act on such proposed amendment within 90 days of the
time such resolution is filed by the Planning Board in the office
of the Town Clerk.
C.
By petition duly signed and acknowledged from the owners of 50% or
more of the frontage in any land use district or part thereof requesting
an amendment, supplement or change in the regulations prescribed for
such land use district or part thereof, in which case it shall be
the duty of the Town Board to act upon such petition for amendment
within 90 days of the time such petition is filed by the petitioners
in the office of the Town Clerk. Said petition shall be accompanied
by the applicable fee in accordance with the fee schedule established
and annually reviewed by the Town Board.
A.
All proposed amendments, supplements or changes originating by petition
or by motion of the Town Board shall be referred to the Planning Board
for a report and recommendation thereon. In undertaking such review,
the Planning Board shall make inquiry and provide recommendation concerning
the matters specified below:
(1)
Whether such change is consistent with the purposes embodied in this
chapter as applied to the particular land use districts concerned.
(2)
Which areas and establishments in the Town will be directly affected
by such change and in what way will they be affected.
(3)
Whether adequate public services and other support facilities exist
or can be created to serve the needs of any additional development
that may occur as a result of such change.
(4)
The indirect implications of such change in its effect on other regulations.
(5)
Whether such proposed amendment is consistent with the underlying
objectives of this chapter and with the adopted Comprehensive Plan.
B.
The Planning Board shall submit its report within 45 days after receiving
such referral from the Town Board. Failure of the Planning Board to
report within the required time period shall be deemed to be a recommendation
of approval of the proposed amendment.
A.
Public notice and hearing. The Town Board by resolution adopted at
a stated meeting shall fix the time and place of a public hearing
on the proposed amendment and cause notice thereof to be given as
follows:
B.
Required referral. The Town Board shall transmit a full statement
of any proposed amendment, whether a map amendment or a text amendment,
that meets the referral requirements of §§ 239-l and
239-m of the General Municipal Law to the Columbia County Planning
Board for its review and recommendation. No action shall be taken
by the Town Board on such proposed amendment until a recommendation
has been received from the County Planning Board or 30 calendar days
have elapsed since said Board received such full statement. Further,
the Town Board shall notify all adjacent municipalities within 500
feet of the proposed amendment pursuant to Town Law § 239-nn
prior to taking any action.
C.
Compliance with SEQR. Proposed amendments are actions subject to
the provisions of the New York State Environmental Quality Review
Act. Prior to formal consideration and public hearing, the Town Board
shall make a determination as to the type of action, lead agency status
and environmental significance of the proposed amendment in accordance
with Article 8 of the Environmental Conservation Law and Title 6,
Part 617, of the New York Codes, Rules and Regulations.
D.
Town Board action. The Town Board may approve any such proposed amendment
by a simple majority vote of said Board, except that a favorable vote
of at least four members of the Town Board, i.e., a majority plus
one, shall be required if:
(1)
Action being taken is contrary to the advisory recommendation received
from the Columbia County Planning Board under the provisions of §§ 239-l
and 239-m of the General Municipal Law; or
(2)
In accordance with the provisions of § 265 of the Town
Law, a protest petition against such amendment has been duly signed
and acknowledged by the owners of 20% or more of the area of land
included in such proposed change; or the owners of 20% or more of
the area of land immediately adjacent to that land included in such
proposed change, extending 100 feet therefrom; or the owners of 20%
or more of the area of land directly opposite thereto, extending 100
feet from the street frontage of such opposite land.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety or the general welfare. Whenever the
requirements of this chapter are inconsistent with the requirements
of any other lawfully adopted rules, regulations, ordinances or local
laws, the more restrictive provisions or those imposing the higher
standards shall govern.
No site plan or special permit shall be approved, no building
permit or certificate of occupancy issued or variance granted under
this chapter for any premises upon which there is an existing violation
of this chapter or any related Town, county or state regulation governing
either building construction or the use of land and structures within
the Town of Stockport. This limitation does not, however, prohibit
such an approval, issuance or grant with respect to a legal nonconforming
use or legal noncomplying structure.
From time to time, at intervals of not more than five years,
the Planning Board shall conduct a review of the effectiveness of
the provisions of this chapter, including the location of land use
district boundaries, and shall submit a report thereon to the Town
Board recommending such changes or amendments, if any, which may be
desirable in the interest of the public health, safety, convenience,
necessity or welfare.
